Rights under the Sale of Goods Act

monlomas

I purchased a new smartphone (HTC Desire HD) from mobiles.co.uk in mid-January and it has just started switching itself off at random times. I have done a factory reset which has slowed down the number of reboots, but not stopped them happening. I called Customer Services at mobiles.co.uk and was told that because it is over their 28 day return period they will not replace it and will I have to take it to a Carphone Warehouse (their parent company) and they will send it to the manufacturer for repair.

I have been looking at the section about Sale of Goods Acts Rights and understand that as it is over 4 weeks but within 6 months I am entitled to repair or replacement. However, what isn't clear is whether I can insist on a replacement. The woman at mobiles.co.uk was adamant that they would not replace it even when I quoted the Sale of Goods Act to her.

Personally, I think breaking after 6 weeks is NOT a reasonable length of time and shows that the phone is not fit for purpose, however I don't know if I can insist that they replace it. Being without a phone while they repair it is not an option, but I don't know what my rights are here. Does anyone have any experience of this? I plan to take my phone to Carphone Warehouse tomorrow and want to have my facts straight before I do battle.

Thanks in advance for any help.

Rusty!

To be honest, I would cut out the middle man and go straight to HTC, that's all mobiles.co.uk will do anyway. I don't know if it's in every case, but HTC often will send you out a replacement if asked (but put a charge on your bank card to stop you stiffing them) and you send your faulty one back.

Jonno71

I agree with Rusty, to get in contact with HTC and see what they have to say.

Guys_Dad

You actually summed it up beautifully yourself when you wrote "I have been looking at the section about Sale of Goods Acts Rights and understand that as it is over 4 weeks but within 6 months I am entitled to repair or replacement. However, what isn't clear is whether I can insist on a replacement. "

It certainly isn't clear and that is the scandal. As long as it is loosely formed legislation, interpretation of the statute is in the realm of the courts and no one has, as far as I know, produced a test case.

I would go along with the advice given.

MissKeith

Carphone Warehouse send it to HTC anyway.

lewroll

I had a similar problem with another company owned by carphonewarehouse but my phone packed in after 3 days.
They too insisted that I had it repaired because I had purchased it over 28 days previously but I stuck to my guns and insisted on a replacement. That was not forthcoming.
After filing an online money claim against them (commonly known as small claim court) they finally returned my money.
Read MSE articles to help you decide whether you want the hassle of going all the way down the line though! The letters they write to you get exceedingly repetitive.

gjchester

monlomas wrote: »

I have been looking at the section about Sale of Goods Acts Rights and understand that as it is over 4 weeks but within 6 months I am entitled to repair or replacement. However, what isn't clear is whether I can insist on a replacement.

Your right that the phone is not fit for purpose and needs fixing however it's down to the retailers choice to either repair or replace (or even refund) you.

You can ask for a replacement but as long as the retailer is performing a repair then they are within the law.

Send it to HTC direct is probably the best solution.

With regards to being without a phone unless you took out a business contract with guaranteed loan handset or insurance that covers a breakdown you are unlikely to get any recourse unless the shop has a loan handset you can use.

N20Y1D

The only upside to taking it into carphone warehouse is that they will (if they have stock) issue you with a temporary handset. And theres no postage costs.